The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-09-15
SCHOOL LANDS IN GREER COUNTY SUB
JECT TO SALE.

The News gives, as one reason why al
extra session of the legislature should b
called, the present unsettled condition o.
land affairs in Greer county, and the ne
cessity of furnishing good titles to actua
settlers who are crowding in such numbers
into that county. This reason, on ltf
face, seems plausible, but it has no good
and substantial foundation in law. Sec
ton of chapter 80 of the new laws says;
'That all lands heretofore or hereafter
surveyed and set apart for the beneht OF
the public free schools, the University,
the lunatic asylum, the blind asylum, the
deaf and dumb asylum and the orphan
asyium, shall be sold and leased under the
nrovis1ons of this act" The act then
proceeds to prescribe how all these lands
shall be surveyed, classified and leased, or
held for sale, as the case might be. If
this act means anything, in means what 1t
says, aud, in express terms, it repeals
all laws in conflict with it. At the special
session of the legislature in 70, all the
lands of Greer county were set apart
one-half for the public debt, the other for
the public free schools. This half belong
ing to the public schools surely now comes
under this new land law, which says 1t
shall be sold and leased. sale of this
land would be as valid as lease, and
sale that, in its essence, presupposes
good title to the land sold. There can be
no question that, under this law, all this
half of the lands in Greer county can at
once be sold to those actual settlers now
seeking homes in that part of Texas.
This is due these settlers, and in special
sense it is due the state. There is neither
rhyme nor reason why Texas should for
ever continue to throw cloud upon her
title to Greer county. True, the county
has been organized as county of the
state, and the United States government
has apportioned it to a judicial circuit
as county of Texas. Yet, the state
even now persists, and even takes
the initiative in repudiating her right to
that county. Here they say is general
and comprehensive law, applicable to the
whole state of Texas, except Greer county.
Why the exception? In what do the school
lands of Greer county differ from the other
school lands of the state? The law says all
these lands shall be sold and leased, and it
did not exclude the lands in Greer county.
There can be no question in the sale of
these lands, except the claim of the United
States government to this county. Per-
sons buying do so with their eyes open
and informed of this unsettled title as be-
tween Texas and the United States, but
this is the only risk they run; as so far as
Texas is concerned she can give clean,
good and unimpeachable title to all those
lands. This matter should be brought
directly home to the legal and land officers
of the state and decided at once; and it
would seem that the decision from the
great array of facts, from public policy
and from the law and equity in the case
can be only to one effect-that the state
can sell these school lands of Greer county,
and that she owes it to the actual settlers
in that county to thus quiet and confirm
them in their possessions, and that the
stability and final triumph of Texas
claim to this county could thus, by such
energetic and positive action, be better
secured than by any other way, and final
quietus put upon this much mooted ques-
ton.